Plano City Zoning Code
TITLE 1
ADMINISTRATION
1-1-1: TITLE:
Upon the adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official Code of the City. This City Code of ordinances shall be known and cited as the PLANO CITY CODE and it is hereby published by authority of the Council and shall be kept up to date as provided in Section 1-1-3 of this Chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this City Code by title in any legal documents.
1-1-2: ACCEPTANCE:
The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this State as the ordinances of the City of general and permanent effect, except the excluded ordinances enumerated in Section 1-2-1 of this Code.
1-1-3: AMENDMENTS:
Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the said ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code.
1-1-4: CODE ALTERATIONS:
It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this City Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the City Council. The City Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk. Any person having in his custody an official copy of the City Code shall make every effort to maintain said Code in an up-to-date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the City Clerk. Said Code books, while in actual possession of official and other interested persons, shall be and remain the property of the City and shall be returned to the office of the Clerk when directed to do so by order of the City Council. (1989 Code)
1-2-1: REPEAL OF GENERAL ORDINANCES:
All general ordinances of the City passed prior to the adoption of this City Code are hereby repealed to the extent they are superseded by the terms of this Code, except such as are included in this City Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances, including, but not limited to, traffic ordinances involving traffic schedules 1 .
1-2-2: PUBLIC UTILITY ORDINANCES:
No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of the preceding Section, excepting as the City Code may contain provisions for such matters, in which case this City Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
1-2-3: COURT PROCEEDINGS:
No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code.
1-2-4: SEVERABILITY CLAUSE:
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this City Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1989 Code)
1-3-1: CONSTRUCTION OF WORDS:
Whenever any word in any section of this code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto.
The word "ordinance" contained in the ordinances of the city has been changed in the content of this code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances. (1989 Code)
1-3-2: DEFINITIONS, GENERAL:
Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
AGENT: A person acting on behalf of another.
CITY: The city of Plano, county of Kendall, state of Illinois.
CODE: The municipal code of the city of Plano.
EMPLOYEES: Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words "of the city of Plano".
FEE: A sum of money charged by the city for the carrying on of a business, profession or occupation. (1989 Code)
FISCAL YEAR: The fiscal year of the city shall commence on May 1 of each and every year. (R.O. 1924, Ill, §15; amd. 1989 Code)
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MISDEMEANOR: Any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.
NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitants of the city; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.
OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OFFICERS: Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words "of the city of Plano".
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.
RIGHT OF WAY: The privilege of the immediate use of the roadway or other property.
STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
TENANT: As applied to a building or land, shall include any person who occupies the whole or any part of such buildings or land, whether alone or with others.
WHOLESALER: The terms "wholesaler" and "wholesale dealer" as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (1989 Code)
1-3-3: CATCHLINES:
The catchlines of the several sections of the City Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. (1989 Code)
1-4-1: GENERAL PENALTY:
A. Any person convicted of a violation of any section or provision of this City Code, where no other penalty is set forth, shall be punished by a fine not to exceed five hundred dollars ($500.00) for any offense 1 , plus all Court costs, including but not limited to, local prosecutor's fees, document storage fee, Court automation fee, Court security fee, and such other costs as are prescribed, from time to time, by Court rules for the Circuit Court for the Sixteenth Judicial Circuit, Kendall County, Illinois.
B. A person convicted of a violation of any section or provision of this City Code, where a specific fine is set, shall be punished by such fine, plus all Court costs, including but not limited to, local prosecutor's fees, document storage fee, Court automation fee, Court security fee, and such other costs as are prescribed, from time to time, by Court rules for the Circuit Court for the Sixteenth Judicial Circuit, Kendall County, Illinois. (Ord. 1994-24, 8-8-94)
1-4-2: APPLICATION OF PROVISIONS:
The penalty provided in this Chapter shall be applicable to every section of this City Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this City Code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code.
In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (1989 Code)
1-4-3: LIABILITY OF OFFICERS:
No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1989 Code)
1-5-1: CHIEF EXECUTIVE OFFICER, TERM:
The mayor shall be the chief executive officer of the city, and shall hold office for four (4) years and until his successor is elected and qualified. (R.O. 1924 II, §1; amd. 1989 Code)
1-5-2: QUALIFICATIONS:
The mayor shall be a citizen of the United States, a qualified voter and shall reside within the city limits. (R.O. 1924 II, §1)
If the mayor, at any time during the term of his office, shall move from the limits of the city, his office shall thereby become vacant. (R.O. 1924 II, §4)
1-5-3: BOND AND SALARY:
A. Bond: The mayor, before entering upon the duties of his office, shall execute a bond to the city in the penal sum of three thousand dollars ($3,000.00), with sureties as the city council shall approve, conditioned for the faithful performance of the duties of this office. (R.O. 1924 II, §6)
B. Salary: The mayor of the city, duly elected, qualifying and taking office after the effective date hereof shall receive an annual salary in the amount of six thousand four hundred dollars ($6,400.00) payable in equal monthly installments. In addition thereto, the mayor shall receive fifty dollars ($50.00) for each council meeting and meetings of the committee of the whole attended by the mayor up to a maximum of two thousand six hundred dollars ($2,600.00) per fiscal year. Compensation for attendance at council meetings and meetings of the committee of the whole shall be paid quarterly. For the duties of liquor commissioner, the duly elected, qualified and acting mayor taking office after the effective date hereof shall receive an annual salary of one thousand five hundred dollars ($1,500.00), payable in equal quarterly installments. (Ord. 2002-38, 9-23-2002)
1-5-4: VACANCIES IN OFFICE:
Whenever a vacancy occurs in the office of the mayor, and there remains an unexpired portion of the term of at least twenty eight (28) months, and the vacancy occurs at least one hundred thirty (130) days before the general municipal election next scheduled under the general election law, the vacancy shall be filled at that general municipal election. The city council shall elect one of its members acting mayor who shall perform the duties and possess all the rights and powers of the mayor until a successor to fill the vacancy has been elected and has qualified. (R.O. 1924 II, §3; amd. 1989 Code)
1-5-5: POWERS AND DUTIES:
A. General: The mayor shall devote so much of his time to the duties of his office as a faithful and efficient discharge thereof may require. He shall take care that all the ordinances of the city are duly enforced, respected and obeyed; he shall preside at all meetings of the city council, but shall not vote except in the case of a tie, when he shall give the deciding vote; preserve order and a quorum; and generally do and perform all acts and things which are enjoined upon him by the law of the state and the ordinances of the city. (R.O. 1924 II, §2)
B. Appoint Officers, Fill Vacancies: The mayor shall appoint, by and with the advice and consent of the city council, all officers of the city whose appointment is not otherwise provided for by law; and whenever a vacancy shall occur in any office which by law or ordinance he is empowered and required to fill, he shall, at the next regular meeting of the city council, communicate to the city council the name of his appointee to such office; and pending the concurrence of the city council in such appointment, he may designate some suitable person to discharge the functions of such office. (R.O. 1924 II, §7)
C. Supervise Conduct Of Officers: The mayor shall supervise the conduct of all of the officers of the city and see that they faithfully and efficiently discharge the duties of their respective offices. He shall inquire into all reasonable complaints made against them or any of them, and cause all neglect or violation of duty to be promptly corrected. He shall, in case he becomes satisfied that any officer wilfully neglects or violates his duty, cause such officer to be prosecuted and punished. (R.O. 1924 II, §8)
D. Removal Of Officers, Powers Limited: The mayor shall have the power to remove any officers appointed by him on any formal charge whenever he shall be of the opinion that the interests of the city demand such removal; but he shall report the reason for such removal to the city council at its next regular meeting or at a special meeting called for such purpose, and file with the city clerk a statement of the reasons for such removal; or if the city council, by a two- thirds (2/3) vote of all its members authorized by law to be elected, by yeas and nays to be entered upon its record, disapprove of such removal, such officer shall thereupon become restored to the office from which he was so removed, and such reinstatement shall also reinstate his bond and oath of office. (R.O. 1924 II, §9; amd. 1989 Code)
E. Ordinance Approval Or Veto: The mayor shall carefully inspect all ordinances passed by the city council and affix his official signature to such as he may approve and return them to the city clerk within ten (10) days after their passage; and all ordinances passed as aforesaid which do not meet his approval shall be returned to the council with his objections thereto in writing at the next regular meeting of the city council, occurring not less than five (5) days after their passage. In case such ordinance is made by its terms to take effect from and after its passage, the mayor shall call a special meeting of the city council at which he shall return said ordinance with his objections, which said special meeting shall be not more than ten (10) days after the passage of said ordinance. It shall not be necessary to call a special meeting for other ordinances. The veto of the mayor may extend to any one or more items or sections or paragraphs of an ordinance, or to the entire ordinance, and in case the veto only extends to part of such ordinance, the residue thereof shall take effect and be enforced if such part can stand and take effect without the part so vetoed. In case the mayor shall fail to return any ordinance with his objections thereto within ten (10) days from the passage thereof as aforesaid, or before the next regular meeting of the city council as the case may be, he shall be deemed to have approved such ordinance and the same shall take effect accordingly. (R.O. 1924 II, §10; amd. 1989 Code)
F. Sign Commissions, Documents, Contracts, Etc.: The mayor shall sign all commissions, licenses and permits authorized by the ordinances of the city. He shall also sign all contracts where the city is a party, signing on behalf of the city, and it shall be his further duty to see that the other contracting party shall faithfully comply with the contract. (R.O. 1924 II, §11; amd. 1989 Code)
G. Suits, Advise And Assist Attorney: In all suits where the city is a party, it shall be the duty of the mayor to advise with and assist the city attorney in prosecuting or defending the same, as the case may be. (R.O. 1924 II, §11)
H. Report To Council: The mayor shall, from time to time, give the city council such information relative to the affairs of the city as he may deem proper, and recommend for its consideration any measure that he may deem expedient, tending to the well being, security or improvement of the city. (R.O. 1924 II, §8)
I. Additional Duties: In addition to the above and foregoing, the mayor shall perform all such other and further duties pertaining to his office as are, or may be, required of him by the laws of the state of Illinois or the ordinances of the city. (R.O. 1924 II, §12)
1-5-6: MAYOR PRO TEM:
During a temporary absence or disability of the mayor, the city council shall elect one of its number to act as mayor pro tem, who, during such absence or disability, shall possess the powers of the mayor. (R.O. 1924 II, §6)
1-6-1: COMPOSITION, VACANCIES IN OFFICE:
The city council shall consist of the mayor and two (2) aldermen from each of the four (4) wards. It shall be the judge of the election and qualification of its own members, and in case any vacancy shall occur in the office of aldermen by death, resignation, removal or other cause, such vacancy shall be filled in accordance with the provisions of 65 Illinois Compiled Statutes 5/3-4-14 as amended from time to time. (1924 Code §3-1; amd. 1989 Code)
1-6-2: QUALIFICATIONS AND RESTRICTIONS OF COUNCIL MEMBERS:
A. No person shall be eligible to the office of alderman:
1. Unless he shall be a qualified elector and reside in the ward from which he was elected;
2. If he is in arrears in the payment of tax or any other liability to the city;
3. If he is directly or indirectly interested in any contract whatever to which the city is a party;
4. If he shall have been convicted of malfeasance, bribery or other corrupt practices or crimes;
B. No person shall be eligible to any office, the salary of which is payable out of the city treasury, if, at the time of his appointment, he shall be a member of the city council; nor shall any member of the city council at the same time hold any other office under the city government;
C. No council member shall be either directly or indirectly, individually or as a member of a firm, engaged in any business transaction (other than official) with the city through its mayor or any of its authorized boards, agents or attorneys, whereby any money is to be paid directly or indirectly out of the city treasury to such member or firm; nor shall any member of the city council sign any bond in any case wherein the city is interested. (1924 Code §3-2)
1-6-3: SALARIES OF ALDERMEN:
All aldermen of the city, duly elected or appointed, qualifying and taking office subsequent to May 1, 2003, shall receive an annual salary of three thousand six hundred dollars ($3,600.00), payable quarterly, effective May 1, 2003. In addition thereto, the aldermen shall receive fifty dollars ($50.00) for each council meeting and meetings of the committee of the whole attended by the aldermen up to a maximum of two thousand six hundred dollars ($2,600.00) per fiscal year. Compensation for attendance at council meetings and meetings of the committee of the whole shall be paid quarterly. (Ord. 2002-38, 9-23-2002)
1-6-4: MEETINGS OF THE COUNCIL:
A. Regular Meetings: The regular meetings of the city council shall be as stated on the schedule of meetings, passed each December by the city council, at six o'clock (6:00) P.M. in the council chamber. (Ord. 1974-14; amd. 1989 Code; Ord. 2015-17, 7-13-2015)
B. Adjourned Meetings: Adjourned meetings may be held for the purpose of completing the unfinished business of the regular meeting, or in case of a want of a quorum, at such time or times as may be determined by the city council. (Ord. 1974-14)
C. Special Meetings: Special meetings of the city council may be called by the mayor or any three (3) aldermen whenever, in his or their discretion, they may deem it necessary, in which event such meeting shall be called in the following manner: The mayor or three (3) aldermen, as the case may be, shall file in the office of the city clerk a statement in writing setting forth the object and purpose of such meeting and directing the clerk to give notice of the same. Upon the filing of such statement, the city clerk shall cause to be served personally upon every member of the city council, or left at his residence, a notice of such meeting, setting forth in said notice the object and purpose thereof and time of holding the same. No business other than that mentioned in the call shall be transacted at such special meeting and no vote of the city council shall be reconsidered or rescinded at any special meeting thereof unless at such special meeting there shall be present the same aldermen as were present when such vote was taken. (1924 Code §§3-4, 3-12)
1-6-5: QUORUM:
Four (4) of the aldermen shall, when present at any regular or special meeting, constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time and compel the attendance of absentees. (1924 Code §3-7)
In case of the absence at any time of a sufficient number of members of the city council to constitute a quorum, those present, or the mayor, may direct the chief of police or other public officer to find such absentees if within the city. Unless they are unable through some justifiable cause to attend, they, and each of them so absent, shall be ordered forthwith to attend said council meeting. (1924 Code §3-9; amd. 1989 Code)
1-6-6: RULES AND REGULATIONS OF COUNCIL PROCEEDINGS:
A. Voting Mandatory: Every member of the city council shall vote on all questions in which they are not directly or personally interested which may be brought before the council for its action in such manner as to require a vote to be taken thereon; but if so interested, such member may be excused from voting by a two-thirds (2/3) vote of all the other members present.
B. Yeas And Nays: The yeas and nays shall be taken upon the passage of all ordinances and on all propositions to create any liability against the city or for the expenditure or appropriation of its money and in all other cases at the request of any member. When such request is made, the same shall be entered on the journal of the proceedings and the yeas and nays shall be taken thereon as in other cases.
C. Passing Ordinance Over Veto: In case the mayor shall veto any ordinance or any part of an ordinance and return the same to the council together with his objections thereto, the vote by which the same was passed shall be reconsidered, and if after such reconsideration, two-thirds (2/3) of all the members elected to the city council shall agree by yeas and nays to pass the same, it shall go into effect, notwithstanding the mayor may refuse to approve the same. In all cases where the vote to pass an ordinance or part of an ordinance over the mayor's veto, the yeas and nays shall be taken and entered on the journal.
D. Committee Reports:
1. Documents Attached: Every committee of the city council, in reporting upon any subject referred to it, shall attach to such report all papers or documents in the possession of the said committee relative to the matter so referred.
2. Reports Deferred: Any report of a committee of the city council shall be deferred for final action thereon to the next regular meeting after such report is made, upon the request of any two (2) aldermen.
E. Rules And Order Of Business: The following rules of procedure and order of business shall be invariably adhered to by city council unless the same be temporarily suspended by unanimous consent:
Rule 1. At the appointed hour of the meeting, the city council shall be called to order and the mayor taking the chair, if present, and if the mayor is not present, then the duly appointed and acting mayor pro tem shall take the chair, if present, and if neither the mayor nor the mayor pro tem are present, then the city council shall appoint another alderman as temporary chairman of the meeting. The city clerk (or someone appointed to supply his or her place) shall proceed to call the roll of the members, marking the absentees and announce whether a quorum be present. The council shall then proceed to the business before it, which shall be conducted in the following order or agenda:
1. Call to order.
2. Pledge Of Allegiance to the flag.
3. Roll call and establishment of quorum.
4. Adoption of the minutes of the proceedings of the last regular and all special meetings of the city council, amendments to and approval of the same.
5. Approval of agenda.
6. Approval of warrants to be drawn on the treasury.
7. Approval of wage report.
8. Introduction of guests.
9. Citizens' comments.
10. Mayor's report.
11. City Administrator’s report.
12. Plano area chamber of commerce.
13. City attorney's report.
14. City clerk's report.
15. City treasurer's report.
16. Police chief's report.
17. Public work’s report.
18. Director of building, planning and zoning's report.
19. Standing committee reports:
Administrative/Health and Safety.
Buildings, Grounds and Zoning.
Finance.
Parks.
Personnel and insurance.
Special Events
Streets/Utilities.
20. Final citizens' comments.
21. Closed session.
22. Adjournment.
Rule 2. All questions relating to the priority of business shall be decided by the mayor.
Rule 3. The mayor shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the city council.
Rule 4. While the mayor is putting the question or deciding a point of order, the members shall be seated, and no member shall leave the council chamber without permission from the council.
Rule 5. Every member, previous to his speaking, shall not proceed with his remarks until recognized and named by the chair.
Rule 6. When two (2) or more members rise at once, the mayor shall name the member who shall speak first.
Rule 7. No member shall speak more than twice to the same question, nor more than once to a "previous question", without leave of the council, nor more than once in any case until every member choosing to speak shall have spoken.
Rule 8. Every member present, when a question is stated by the chair, shall vote thereon unless excused by the council or unless he be directly interested in the question, in which case he shall not vote.
Rule 9. No motion shall be debated or put unless it be seconded, and when a motion is so seconded, it shall be stated by the chair before debate, and every such motion shall be reduced to writing upon request of the mayor or any member of the council.
Rule 10. After a motion or resolution is stated by the chair, it shall be deemed in possession of the council, but may be withdrawn by the maker thereof at any time before a decision or amendment, with the consent of the member seconding the same.
Rule 11. No motion shall embrace more than one subject.
Rule 12. When a question is under debate no motion shall be received unless for the "previous question", "to postpone it indefinitely", "to adjourn to a certain day", "to lay it on the table", "to amend it" or "to adjourn the city council".
Rule 13. A motion for the "previous question", "to lay the question on the table" or "to commit it", until it is decided, shall preclude all amendments and debate on the main question, and a motion to "postpone a question indefinitely" or to "adjourn it to a certain day" until it is decided, shall preclude all amendments to the main question.
Rule 14. The "previous question" shall be as follows: "Shall the main question be not put?".
Rule 15. A motion to adjourn the city council shall always be in order and shall be decided without debate, unless the motion shall be to adjourn to a certain day, when the same may be debated.
Rule 16. In all cases when a resolution or motion shall be entered on the minutes of the city council, the name of the member moving the same shall be entered upon the minutes.
Rule 17. If any member so requests, the ayes and noes shall be taken upon any question and entered upon the minutes.
Rule 18. All committees shall be appointed by the mayor unless otherwise required by law.
Rule 19. All reports of committees shall be addressed to the "mayor and city council of the city of Plano".
Rule 20. When amendments are offered to any question, the vote shall be first taken upon the last amendment proposed.
Rule 21. The election of any member of the council to the chair during the temporary absence of the mayor shall not deprive such member of his vote as alderman of the ward he represents; no vote shall be deemed as carried unless by a majority of the aldermen present.
Rule 22. "Robert's Rules Of Order" shall govern the proceedings of the council, except when in conflict with the foregoing rules. (Charter; amd. 1989 Code; 1924 Code § 3-9, 3-11, 3-13, 3-14; Ord. 2009-17, 5-26-2009; Ord. 2015-17, 7-13-2015; Ord. 2024-01, 1-8-2024)
1-6-7: STANDING COMMITTEES:
A. Appointment: It shall be the duty of the mayor, at the first regular meeting of the council in May of each year, or as soon thereafter as may be, to appoint the following named standing committees of the city council, each to consist of not less than three (3) aldermen:
Administrative health and safety.
Buildings, grounds and zoning.
Economic development/grants.
Finance.
Parks.
Personnel and insurance.
Special events.
Streets and utilities.
(Ord. 2015-17, 7-13-2015)
Nothing herein shall preclude the establishment, from time to time, of special committees. (Ord. 2009-17, 5-26-2009)
B. Duties:
1. It shall be the duty of the standing committees of the city council to keep close watch of the affairs of their respective departments of the city government.
2. They shall have the general management, control and supervision of the things ordered to be done by the city council in their respective departments, and when necessary or proper, shall make reports to the council of whatever facts may be deemed of importance.
3. Each committee shall promptly investigate and report in writing upon all matters referred to it by the council, and do and perform such other and further duties as the council may from time to time, by ordinance, resolution or motion, direct. (1924 Code §3-6)
1-7-1: DUTIES:
A. Council Meetings; Attendance, Minutes, Notices: The city clerk shall attend all meetings of the city council and shall keep in a suitable book to be styled "Record Of The City Council", a full and faithful record of its proceedings. He shall issue and cause to be served upon all aldermen notices of all special meetings of the city council. Said notices shall also be issued to the members of the different committees of that body, and to all other persons whose attendance may be required before any such committee, when so directed by the chairman thereof. In the event that the city clerk is unable to attend a meeting of the city council, the council may select a recording secretary for the purpose of the taking of minutes of any such city council meeting. Any such recording secretary shall be paid a salary or wage, per hour, as may be determined from time to time by the city council. (Ord. 1980-9, 12-8-1980; amd. 1989 Code)
B. Corporate Seal: The clerk shall keep the corporate seal, to be provided under the direction of the city council, and all papers belonging to the city and copies of all papers filed in his office, and transcripts from the records and files of his office certified by him under the corporate seal shall be evidence in all courts in like manner as if the original were produced.
C. Publication Of Ordinances: The clerk shall cause all ordinances passed by the city council imposing any fine, penalty, imprisonment or forfeiture, or making any appropriation, to be published within ten (10) days after the passage, in some public newspaper printed in the city, and shall procure and file in his office one or more copies of such paper containing such ordinance or ordinances so published.
D. Elected And Appointed Officials:
1. Notice: It shall be the duty of the clerk, within five (5) days after the result of any election is declared or appointment is made, to notify all persons elected or appointed of such election or appointment, and unless such persons shall respectively qualify within ten (10) days of such notice, the office shall become vacant.
2. Record Kept: The city clerk shall keep a record of the elections and appointments of all officers of the city, and said record shall be so constructed as to exhibit the name of the officer, to what office elected or appointed, the date of such election or appointment, and in the case of an appointive officer, the date of confirmation; also, the date or dates of any commission or commissions, together with the date of deaths, resignations, removals or expirations.
E. Records Kept, Turned Over To Successor: The city clerk shall carefully preserve in his office all books, records, papers, maps, plats and other documents of every description belonging to the city, or appertaining to his office, and at the expiration of his term of office or upon his resignation or removal, he shall turn over all of said papers and effects to his successor in office.
F. Additional Duties: In addition to the foregoing duties, the clerk shall perform all such other and further duties pertaining to his office as are or may be imposed upon him by the law of this state, the ordinances of the city or by resolution of the city council. (Ord. 1980-9, 12-8-1980)
1-7-2: SALARY:
The city clerk shall receive an annual salary of five thousand six hundred dollars ($5,600.00), said salary to be paid on the same salary schedule as the city treasurer, and shall be effective immediately following the 2005 municipal election where a city clerk shall be elected for the city. In addition thereto, and effective for each meeting of the city council or committee of the whole held subsequent to the 2005 municipal election where the city clerk shall be elected for the city, the city clerk shall receive fifty dollars ($50.00) for each council meeting and meetings of the committee of the whole attended by the city clerk up to a maximum of two thousand six hundred dollars ($2,600.00) per fiscal year. Compensation for attendance at council meetings and meetings of the committee of the whole shall be paid on the same salary schedule as the city treasurer. The salary and meeting allowance herein provided shall be in lieu of all other compensations or benefits in any form whatsoever accruing to the office of the city clerk. (Ord. 2002-38, 9-23-2002)
1-7-3: VACANCY IN OFFICE:
Whenever the office of city clerk becomes vacant, either permanently or temporarily, the mayor shall appoint some suitable person to fill such vacancy, but such appointment shall always be with the advice and consent of the city council. (Ord. 1980-9, 12-8-1980)
1-7-4: DEPUTY CLERK:
A. Appointment And Removal: The city clerk is authorized to appoint one deputy clerk to assist the city clerk in the performance of the duties of the office of the city clerk. Any deputy clerk appointed pursuant to the provisions of this section shall serve at the pleasure of the city clerk and shall be subject to discharge by the city clerk.
B. Duties: The deputy clerk shall perform such duties in the office of the city clerk as the city clerk shall from time to time assign, and shall, in the absence of the city clerk, perform the duties of the office of the city clerk.
C. Salary: The deputy clerk shall be paid a wage or salary as may from time to time be authorized by the city council. (Ord. 1982-15)
1-8-1: QUALIFICATIONS:
No person shall be eligible to the office of city treasurer unless he shall be of legal age and shall have resided within the city one year before his election. (Ord. 1973-1, eff. 5-1-1973)
1-8-2: OATH, BOND AND SALARY:
A. Oath And Bond: The city treasurer, before entering upon the duties of his office, shall take the oath prescribed for city officers, and shall execute a bond to the city in the penal sum of not less than the amount of the estimated city tax for the current year, with good and sufficient surety to be approved by the city council, conditioned for the faithful performance of the duties of his office and the payment of all monies received by him according to law and the ordinances of the city. (Ord. 1973-1, eff. 5-1-1973)
B. Salary: The city treasurer shall receive an annual salary of five thousand six hundred dollars ($5,600.00), said salary to be paid on the same salary schedule as the city budget officer, and shall be effective immediately following the 2005 municipal election where a city treasurer shall be elected for the city. In addition thereto, and effective for each meeting of the city council or committee of the whole held subsequent to the 2005 municipal election where a city treasurer shall be elected for the city, the city treasurer shall receive fifty dollars ($50.00) for each council meeting and meetings of the committee of the whole attended by the city treasurer up to a maximum of two thousand six hundred dollars ($2,600.00) per fiscal year. Compensation for attendance at council meetings and meetings of the committee of the whole shall be paid on the same salary schedule as the city collector. The salary and meeting allowance herein provided shall be in lieu of all other compensation or benefits in any form whatsoever accruing to the office of the city treasurer. (Ord. 2002-38, 9-23-2002)
1-8-3: DUTIES:
A. Receive Money, Give Receipts, Keep Accounts: The city treasurer shall receive all monies belonging to the city and shall keep a separate account of each appropriation. He shall give to every person paying money into the city treasury a receipt therefor showing the date of payment and upon what account paid and shall file copies of such receipts with the city clerk at the date of his monthly report.
B. Pay Debts: The city treasurer shall be authorized and directed to pay all debts incurred by the city upon the city council approving the payment of such debt or obligation. It shall not be necessary for the city treasurer and/or city clerk to prepare a separate voucher for each check drawn. (Ord. 1973-1, eff. 5-1-1973; amd. Ord. 1974-7, 7-10-1974)
All checks or drafts for the payment of money drawn on accounts maintained by the city in any banks or depositories shall require the signature of the city treasurer and one of the following officers of the city: the city clerk, the chairman of the finance committee of the city council or the mayor. (Res. 1987-5, 8-24-1987)
C. Register Of Warrants: The city treasurer shall keep an accurate register of all warrants redeemed and paid by him, showing the number, date and amount of each, the fund from which paid, and the person to whom paid, and he shall cancel all warrants as soon as redeemed by him.
D. Reports:
1. General: The city treasurer shall, upon request by any council member, render an account, under oath, showing the state of the treasury at the date of such account, the condition of each appropriation and the balance of money in the treasury. He shall accompany such account with a statement of all monies received into the treasury and on what account, together with all warrants redeemed and paid by him, which said warrants, with any and all vouchers held by him, to be delivered to the clerk and filed with his said account in the clerk's office. He shall return all warrants paid by him stamped and marked "Paid" and he shall keep a register of all warrants.
2. Annual Statement: The city treasurer shall, annually, between May 1 and May 10, make out and file with the city clerk a full and detailed account of all of the receipts and expenditures of the city, and of all of his transactions as treasurer during the preceding fiscal year, which statement shall exhibit, under separate and appropriate headings, the several accounts with the several funds or appropriations. The city clerk shall then submit his counter financial report, together with the report of the treasurer, aforesaid, to the mayor or finance committee of the city council, and if the said reports shall be found to be correct and a true financial condition of the city, they shall be approved and filed in the office of the city clerk. The clerk shall then cause the treasurer's annual financial report to be published in some newspaper published in said city.
E. Report Delinquent Officers: It shall be the duty of the city treasurer to report to the city clerk any officer authorized to receive money for the use of the city who may fail to make a return of the same at the time required by law or by the ordinances of the city. (Ord. 1973-1, eff. 5-1-1973)
1-9-1: RESIDENCE REQUIREMENTS:
(Rep. by Ord. 1992-17, 8-10-1992)
1-9-2: VACATION BENEFITS:
Vacation benefits for all employees of the city of Plano shall be governed by the personnel policy of the city in effect, from time to time, as to nonunion personnel, and shall be governed by collective bargaining agreements for union employees in effect, from time to time. (Ord. 2009-19, 6-22-2009)
1-9-3: ILLINOIS MUNICIPAL RETIREMENT FUND:
The city does hereby elect to participate in the Illinois municipal retirement fund, effective January 1, 1973, and the city clerk is hereby directed to promptly file a certified copy of this section with the board of trustees of the Illinois municipal retirement fund. (Ord. 1972-13, 12-11-1972)
1-9-4: INAUGURATION OF ELECTED OFFICIALS:
The date for inauguration of newly elected officers of the city, including the offices of mayor, city clerk, city treasurer and all aldermanic offices, shall be the first regular or special meeting of the city council conducted in the month of May following the election of such officers to the foregoing municipal positions. (Ord. 1981-4, 3-23-1981)
1-9-5: ILLINOIS PAID LEAVE FOR ALL WORKERS:
Pursuant to Section 15(p) of the Paid Leave for All Workers Act (820 ILCS 192/1 et seq.), the City hereby adopts its current paid leave policy for all City employees as set forth in the City's Code of Ordinances, Employee Handbook, Annual Salary Ordinances, any collective bargaining agreements to which the City is a party and all other binding legislative actions governing paid leave adopted by the City Council, as the same may be amended from time to time. However, in no event shall the City, as an employer, provide less than one (1) day of paid leave per year to any City employee. (Ord. 2023-24, 12-11-2023)
1-10-1: ANNUAL BUDGET:
A. State Statutes Adopted: The city hereby adopts 65 Illinois Compiled Statutes 5/8-2-9.1 through and including 5/8-2-9.10 providing for an annual municipal budget in lieu of the passage of an annual appropriation ordinance. (Ord. 1979-8, 5-24-1979)
B. Compilation And Adoption Of Annual Budget: The budget officer 1 shall compile a budget pursuant to the above sections of the Illinois Compiled Statutes as they are now or may hereafter be amended, containing estimates of the revenues available before the beginning of the fiscal year to which it applies together with recommended expenditures for the municipality and all of its boards, commissions and departments. Said budget shall be adopted prior to May 1 of each fiscal year and the first said annual budget shall be compiled by the budget officer and submitted to the corporate authorities of the city prior to the fiscal year commencing May 1, 1980. (Ord. 1979-8, 5-24-1979; amd. 1989 Code)
C. Public Inspection And Hearing: Copies of the tentative annual budget shall be made available for public inspection in printed or typewritten form in the office of the city clerk for at least ten (10) days prior to the passage of the annual budget. Not less than one week after the budget is available for inspection and prior to final action on the budget, at least one public hearing shall be held on the budget by the city council. Notice of this hearing shall be given by publication in a newspaper having a general circulation in the city at least one week prior to the time of hearing.
D. Budget Revisions: The city council may delegate authority to heads of municipal departments, boards or commissions to delete, add to or change items previously budgeted to the department, board or commission, subject to such limitation or requirement for prior approval by the budget officer or mayor as the city council, upon a two-thirds (2/3) vote of the members, may establish. The annual budget may be revised by a vote of two-thirds (2/3) of the city council by deleting, adding to or changing budgeted items, but no revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision. (Ord. 1979-8, 5-24-1979)
E. Limits Of Expenditures: Neither the city council nor any department or officer of the city shall add to the corporate expenditures in any one year anything over and above the amount provided for in the annual budget of that year, except as herein otherwise provided, and no expenditure on improvement to be paid for out of the general fund of the corporation shall exceed, in any year, the amount provided for in the annual budget for that year. Provided, however, that nothing herein contained shall prevent the city council from ordering, by a two-thirds (2/3) vote, any improvement, the necessity for which has been caused by any casualty or accident happening after such annual budget is made. (R.O. 1924 III, §18; amd. Ord. 1979-8, 5-24-1979)
F. Appropriations Required: No contract shall be hereafter made by the city council or any committee or member hereof, and no expense shall be incurred by any officers or departments of the city, whether the object of such expenditure shall have been ordered by the city council or not, unless an appropriation shall have been otherwise expressly provided. (R.O. 1924 III, §19)
1-10-2: ANNUAL TAX LEVY:
The city council shall annually, on or before the third Tuesday in September in each year, estimate the total amount of appropriation for all corporate purposes legally made and to be collected from the tax levy of this fiscal year, and by ordinance, specifying in detail the purposes for which such appropriations are made and the sum or amount appropriated for each purpose, respectively, levy the amount as estimated upon all property subject to taxation within the city as the same is assessed and equalized for state and county purposes for the current year. A certified copy of such ordinance shall be filed with the county clerk whose duty it shall be to ascertain the rate percentum upon the total value of all the property subject to taxation within the city as the same was assessed and equalized for state and county purposes, and produce a net amount not less than the amount so directed to be levied; and it shall be the duty of the county clerk to estimate such a tax in a separate column upon the book or books of the collector or collectors of the state and county tax within the city. Provided, the aggregate amount of taxes levied for any one year, exclusive of the amount levied for the payment of bonded indebtedness or the interest thereon, shall not exceed the rate fixed by law upon the aggregate valuation of all the property within the city subject to taxation as the same was equalized for state and county taxes of the preceding year. (R.O. 1924 III, §20)
1-10-3: LIMIT ON INDEBTEDNESS:
The city council may, whenever the interests of the city require, borrow money on the credit of the city for corporate interests and issue bonds therefor in such amount or amounts and in such form or forms and on such condition or conditions as it may prescribe, subject to applicable statutory limits. (R.O. 1924 III, §16; amd. 1989 Code)
1-10-4: CONTRACTS:
A. Contracts Over Twenty Thousand Dollars, Procedure:
1. Any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, when the expense thereof will exceed twenty thousand dollars ($20,000.00), shall be constructed by a contract let to the lowest responsible bidder after advertising for bids, in the manner hereinafter prescribed, except that any such contract may be entered into by the proper officers without advertising for bids, if authorized by a vote of two-thirds (2/3) of the alderman then holding office; and all material of the value of twenty thousand dollars ($20,000.00) and upwards used in the construction of the work or other public improvement, shall be purchased by contract let to the lowest responsible bidder in the manner hereinafter prescribed.
2. The city council shall direct the city clerk to advertise for bids by placing a notice to bid in a newspaper published and having general circulation in the city on one occasion, the publication date to be not less than ten (10) days prior to the date for letting the contract.
3. The notice to bid shall state the specific work to be performed and/or material to be required in order to advise prospective bidders of the nature and extent of the contract to be let with sufficient information to enable them to bid.
B. Exceptions To Provisions:
1. Federal Government Contracts: Nothing contained in this section shall apply to any contract with the federal government or any agency thereof.
2. City Emergencies: Nothing contained in this section shall prevent the city from letting contracts without bidding in the event an emergency condition exists. (Ord. 2005-52, 11-14-2005)
1-10-5: WAGE RATES FOR PUBLIC WORKS EMPLOYEES:
A. Wage Rates Provided: To the extent and as required by "an act regulating wages of laborers, mechanics and other workmen employed in any public works by the state, county, city or any public body or any political subdivision or by anyone under contract for public works 1 ", approved June 25, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics and other workmen engaged in the construction of public works coming under the jurisdiction of this city is hereby ascertained to be the same as the prevailing rate of wages for construction work in Kendall County area as determined by the department of labor of the state as of June of each year, a copy of that determination being incorporated herein by reference. The definitions of any terms appearing in this section which are also used in aforesaid act shall be the same as in said act. (Ord. 1983-11, 6-13-1983; 1989 Code)
B. Application Of Rates: Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of this city to the extent required by the aforesaid act.
C. Rate To Be Posted: The city clerk shall publicly post or keep available for inspection by any interested party in the main office of this city, this determination of such prevailing rate of wage.
D. Copies Available To Employees: The city clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed, or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workmen whose wages will be affected by such rates. (Ord. 1983-11, 6-13-1983)
1-10-6: VOUCHERS:
It shall not be necessary for the city treasurer and/or city clerk to prepare a separate voucher for each check drawn. (Ord. 1973-1, eff. 5-1-1973; amd. Ord. 1974-7, 7-10-1974)
1-11-1: BOUNDARIES OF THE CITY:
The boundaries of the city are and shall be as now determined and as may hereafter be modified by annexations and disconnections. (1924 Code ch. I §1; amd. 1989 Code)
1-11-2: ELECTION WARDS:
Each of the four (4) wards of the city of Plano be and the same are hereby redistricted and realigned to encompass the following territory within the city of Plano, Kendall County, Illinois:
A. Ward 1: Ward 1 shall consist of all of that territory now within or hereafter annexed into the corporate limits of the city of Plano lying within and/or northerly and easterly of the following lines:
Commencing at the center of the intersection of U.S. Route 34 and Eldamain Road; thence westerly along the centerline of U.S. Route 34 to the centerline of the Big Rock Creek; thence northerly along the centerline of the Big Rock Creek to the centerline of the right of way of the Burlington Northern Santa Fe Railroad; thence southwesterly along the centerline of said railroad right of way to the intersection thereof with Hale Street; thence northerly along the centerline of Hale Street, to the intersection thereof with Steward Street; thence easterly along the centerline of Steward Street to the intersection thereof with Lew Street; thence northerly along the centerline of Lew Street and the prolongation of the centerline of Lew Street to the northerly corporate limits of the city of Plano.
B. Ward 2: Ward 2 shall consist of all of that territory now within or hereafter annexed into the corporate limits of the city of Plano lying within and/or southerly and easterly of the following described lines:
Commencing at the center of the intersection of U.S. Route 34 and Eldamain Road; thence westerly along the centerline of U.S. Route 34 to the center of the Big Rock Creek; thence southerly along the centerline of the Big Rock Creek to the intersection thereof with Hale Street Road; thence continuing southerly along the centerline of the Big Rock Creek to the southerly corporate limits of the city of Plano.
C. Ward 3: Ward 3 shall consist of all of that territory now within or hereafter annexed into the corporate limits of the city of Plano lying within and/or southerly and westerly of the following described lines:
Commencing at the intersection of the centerline of the Burlington Northern Santa Fe Railroad right of way and the westernmost corporate limits of the city of Plano; thence easterly along the centerline of said railroad right of way to the intersection thereof with Ben Street; thence northerly along the centerline of Ben Street to the intersection thereof with North Street; thence easterly along the centerline of North Street to the intersection thereof with Hale Street; thence southerly along the centerline of Hale Street to the intersection thereof with the centerline of the right of way of the Burlington Northern Santa Fe Railroad; thence easterly along the centerline of said right of way to the center of the Big Rock Creek; thence southerly along the centerline of the Big Rock Creek to the center of Hale Street Road; thence continuing southerly along the centerline of the Big Rock Creek to the southerly corporate limits.
D. Ward 4: Ward 4 shall consist of all of that territory now within or hereafter annexed into the corporate limits of the city of Plano lying within and/or northerly and westerly of the following described lines:
Commencing at the intersection of the centerline of the Burlington Northern Santa Fe Railroad right of way and the westernmost corporate limits of the city of Plano; thence easterly along the centerline of said railroad right of way to the intersection thereof with Ben Street; thence northerly along the centerline of Ben Street to the intersection thereof with North Street; thence easterly along the centerline of North Street to the intersection thereof with the centerline of Hale Street; thence northerly along the centerline of Hale Street to the intersection thereof with Steward Street; thence easterly along the centerline of Steward Street to the intersection thereof with Lew Street; thence northerly along the centerline of Lew Street and the prolongation of the centerline of Lew Street to the northerly corporate limits of the city of Plano.
(Ord. 2008-34, 6-23-2008)
1-12-1: DEFINITIONS:
The following definitions shall apply to this Chapter:
CONTROLLED SUBSTANCES: Cannabis, as defined in Illinois Revised Statutes chapter 561/2, section 703(a), and controlled substances as defined in Schedule I-IV of the Controlled Substances Act, being Illinois Revised Statutes, chapter 561/2, section 1100 and following.
CONVICTION: A finding of guilt or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of Federal or State criminal drug statutes.
CRIMINAL DRUG STATUTE: A Federal, State or local criminal statute or ordinance involving the manufacture, sale, distribution dispensing, use or possession of any controlled substance.
WORKPLACE: A site for the performance of work done in the course of employment by the City, which includes, but is not limited to the following:
A. City Hall.
B. City Garage.
C. Police Station/Fire Station.
D. Water Treatment Plant.
E. Wastewater Treatment Plant.
F. All City parks.
G. All other buildings and properties now owned or hereafter owned or occupied or used by the City of Plano or any of its officers or commissions for the conduct of official City business.
H. All City streets, alleys and/or rights of way. (Ord. 1992-29, 12-14-92)
1-12-2: POLICY:
The City shall keep and maintain its workplaces free from the use and abuse of controlled substances. (Ord. 1992-29, 12-14-92)
1-12-3: DRUG AWARENESS:
The City Council, with assistance and implementation through the Police Department of the City shall:
A. Establish a supervisory training program to educate all supervisory personnel on the following:
1. Signs and symptoms of drug use.
2. Drug abuse education.
3. City policy on drug use.
4. How to deal with an employee suspected of drug use.
5. How and when to take disciplinary action.
6. Resources available in the community to assist an employee.
B. Establish and employee training program to educate all employees in the following:
1. Drug abuse education.
2. City policy and penalties for drug use in the workplace.
3. Resources available in the community to assist an employee.
4. Dangers of drug use in the workplace.
C. Provide pamphlets and documents necessary for the above training and provide for periodical training sessions, said sessions being at least annually. (Ord. 1992-29, 12-14-92)
1-12-4: SANCTIONS:
A. An employee convicted of a violation of a criminal drug statute occurring in the workplace shall report said conviction to his supervisor no later than five (5) days after such conviction.
B. An employee convicted of a violation of a criminal drug statute occurring in the workplace may be dismissed from employment.
C. In the implementation of the policy established by this drug-free workplace legislation, the City shall abide by all the applicable terms and provisions of the Americans With Disabilities Act, as now in force and hereafter amended. (Ord. 1992-29, 12-14-92)
1-13-1: STATE OFFICIALS AND EMPLOYEES ETHICS ACT:
A. The regulations of section 5-15 1 and article 10 2 of the state officials and employees ethics act, 5 Illinois Compiled Statutes 430/1-1 et seq., (hereinafter referred to as the "act" in this section) are hereby adopted by reference and made applicable to the officers and employees of the city to the extent required by 5 Illinois Compiled Statutes 430/70-5.
B. The solicitation or acceptance of gifts prohibited to be solicited or accepted under the act, by any officer or any employee of the city, is hereby prohibited.
C. The offering or making of gifts prohibited to be offered or made to an officer or employee of the city under the act, is hereby prohibited.
D. The participation in political activities prohibited under the act, by any officer or employee of the city, is hereby prohibited.
E. For purposes of this section, the terms "officer" and "employee" shall be defined as set forth in 5 Illinois Compiled Statutes 430/70-5(c).
F. The penalties for violations of this section shall be the same as those penalties set forth in 5 Illinois Compiled Statutes 430/50-5 for similar violations of the act.
G. This section does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of city officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this section, however, the provisions of this section shall prevail in accordance with the provisions of 5 Illinois Compiled Statutes 430/70-5(a).
H. Any amendment to the act that becomes effective after the effective date of this section shall be incorporated into this section by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this section by reference without formal action by the corporate authorities of the city.
I. If the Illinois supreme court declares the act unconstitutional in its entirety, then this section shall be repealed as of the date that the Illinois supreme court's decision becomes final and not subject to any further appeals or rehearings. This section shall be deemed repealed without further action by the corporate authorities of the city if the act is found unconstitutional by the Illinois supreme court.
J. If the Illinois supreme court declares part of the act unconstitutional but upholds the constitutionality of the remainder of the act, or does not address the remainder of the act, then the remainder of the act as adopted by this section shall remain in full force and effect; however, that part of this section relating to the part of the act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the city. (Ord. 2004-20, 5-10-2004)
1-14-1:PURPOSE AND CREATION:
A. Purpose: To provide for fair and efficient enforcement of City ordinances, as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of City ordinances thereby expediting the prosecution and correction of code violations. To that end, there is hereby adopted Article 1, Division 2.1 of the Illinois Municipal Code. 65 ILCS 5/1-1-1 et seq.
B. Creation: There is hereby established a department of the municipal government to be known as the City of Plano Ordinance Enforcement Department to have the power to enforce compliance with all municipal ordinances as from time to time are authorized by the Mayor and City Council, except for any offense under Section 6-204 of the Illinois Vehicle Code that is a traffic regulation governing the movement of vehicles and except for any reportable offense under section 6-204 of the Illinois Vehicle Code. The establishment of the Plano Ordinance Enforcement Department does not preclude the City Council from using any legal system or other method to enforce ordinances of the City. Unless the context clearly indicates otherwise, any references throughout this chapter to "City code", "this code", "code", or "ordinance" shall be a reference to the Plano City Code, as amended, or to any municipal ordinance as from time to time authorized by the Mayor and City Council. (Ord. 2023-25, 12-11-2023)
1-14-2: DEPARTMENT COMPOSITION:
A. Organization: The Ordinance Enforcement Department shall be composed of a hearing officer, an ordinance enforcement administrator, and such other personnel as deemed necessary and as appointed by the Mayor, with the powers and authority as hereinafter set forth.
B. Hearing Officer:
1. A hearing officer must be an attorney licensed to practice law in the State of Illinois for at least three (3) years.
2. The hearing officer shall have the following duties:
a. Preside over all adjudicatory hearings to determine whether or not a City Code violation exists and administer oaths and affirmations;
b. Hear testimony and accept evidence that is relevant to the existence of a City Code violation;
c. At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of either party, issue subpoenas directing witnesses to appear and give testimony at the hearing or produce relevant documents;
d. Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
e. Issue and sign a written finding, decision and order stating whether a City code violation exists;
f. Impose penalties and sanctions or such other relief consistent with applicable provisions of this code and assess costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have the authority to impose a penalty of incarceration, or fines in excess of fifty thousand dollars ($50,000);
g. Upon a finding of liable a thirty-dollar ($30.00) penalty is to be imposed by the hearing officer as an administrative adjudication hearing cost. This additional penalty shall not be construed as part of the fine for the purposes of any reduction made in the fine for compliance.
3. Prior to conducting administrative adjudication proceedings under this chapter, the hearing officer shall have successfully completed a formal training program which includes the following:
a. Instruction on the rules of procedure of the administrative hearings over which the hearing officer shall preside;
b. Orientation to each subject area of the code violations that he/she will adjudicate;
c. Observation of administrative hearings; and
d. Participation in hypothetical cases, including rules on evidence and issuing final orders.
4. The hearing officer shall be employed as an independent contractor of the City and shall not be considered an employee of the City. A hearing officer may be removed with or without cause by the Mayor or his or her designee.
C. Ordinance Enforcement Administrator: The ordinance enforcement administrator is authorized and directed to:
1. Operate and manage the system of administrative adjudication of City ordinance violations as may be permitted by law and directed by ordinance.
2. Adopt, distribute and process all notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter.
3. Collect monies paid as fines and/or penalties assessed after a final determination of liability.
4. Certify copies of final determination of an ordinance violation adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this chapter, the laws of the State of Illinois including 625 Illinois Compiled Statutes 5/11-208.3 as from time to time amended.
5. Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
6. Collect unpaid fines and penalties through private collection agencies and pursuit of all post-judgment remedies available by current law. (Ord. 2023-25, 12-11-2023)
1-14-3: VIOLATION NOTICES:
A. Issuance of Violation Notices:
1. Violation notice of any ordinance violation shall be issued by the Mayor or Administrator and such persons authorized under this Code.
2. All full time, part time and auxiliary police officers as well as other specific individuals authorized by any City department head shall have the authority to issue violation notices.
3. Any individual authorized hereby to issue violation notices and who detects an ordinance violation authorized to be adjudicated under this chapter or a violation of any section of any City ordinance, is authorized to issue notice of violation thereof and shall make service thereof as is hereinafter set forth.
4. All violation notices and contain information and shall be certified and constitute prima facie evidence of the violation cited as hereinafter set forth.
B. Violation Notice Requirements:
1. The violation notice shall contain, but not be limited to, the following information:
a. The name and address of the party violating the ordinance, if known.
b. The date and time of the violation (date of issuance).
c. The type and nature of the violation and the ordinance violated.
d. Vehicle make and state registration number (if applicable).
e. The names of any witnesses to the violation.
f. The signature and identification number of the person issuing the notice.
g. The date and location of the adjudication hearing of ordinance violations which date shall be not less than fifteen (15) nor more than sixty (60) days after the date of the violation notice. The legal authority and jurisdiction under which the hearing is to be held and the penalties for failure to appear at the hearing.
h. In the case of a violation pertaining to real property, the address of the property where the violation is observed; and
i. If applicable to the violation in question, the amount of the fine that may be paid by a party upon a written admission of a violation and waiver of a hearing, which fine shall be no less than the minimum fine set by this code relative to the violation at issue.
2. The correctness of facts contained in any violation notice shall be verified by the person issuing said notice by:
a. Signing his/her name to the notice at the time of issuance; or
b. In the case of a notice produced by a computer device, by signing a single certificate, to be kept by the ordinance enforcement administrator, attesting to the correctness of all notices produced by the device while under his/her control.
3. Parties shall be served with process in a manner reasonably calculated to give them actual notice including, as appropriate, personal service of process upon a party or his/her employer or agent; service by mail at a party's address; affixing the original or facsimile of the notice to an unlawfully standing or parked vehicle, unstickered vehicle, vehicle violating any compliance regulation; or, posting a notice upon the property where the violation is found where the party is the owner, tenant or administrator of the property as follows:
a. The original or a facsimile of the violation notice shall be retained by the ordinance enforcement administrator where a docket number shall be stamped on all copies and a hearing date noted;
b. The notice shall be kept as a record in the ordinary course of business by the ordinance enforcement administrator and shall be a part of the hearing record;
c. One copy of the violation notice shall be returned to the person issuing the notice so that he or she may prepare evidence for presentation at the hearing on the date indicated;
d. One copy of the violation notice shall be served to the alleged violator along with a summons commanding the alleged violator to appear at the hearing;
e. In the case of a violation pertaining to real property, if the name of the property owner cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation notice form on the front door of the structure where the violation is found, not less than fifteen (15) days before the hearing is scheduled.
4. Any violation notice issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. (Ord. 2023-25, 12-11-2023)
1-14-4: ADMINISTRATIVE HEARINGS:
A. Continuances: No continuances shall be authorized by the hearing officer in proceedings under this chapter except in cases where a continuance is absolutely necessary to protect the rights of the alleged violator. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this chapter shall not exceed thirty (30) days.
B. Hearing And Evidence:
1. At the hearing, a hearing officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or nonexistence of a City code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this chapter.
2. The case for the City may be presented by an attorney designated by the Mayor or by any other City employee. The case for the alleged violator may be presented by the alleged violator, his or her attorney, or any other agent or representative of the violator.
3. If on the date set for hearing the alleged violator or his or her attorney fails to appear, the hearing officer may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
4. Upon finding the alleged violator in default, the ordinance enforcement administrator shall send or cause to be sent notices by first class mail, postage prepaid, to the violator who received the notice of an ordinance violation. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
5. A hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within twenty-one (21) days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the municipality did not provide proper service of process. If any judgment is set aside pursuant to this subsection, the hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the municipality as a result of the vacated default judgment.
C. Findings, Decision and Order:
1. At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists.
2. The determination shall be in writing and shall be designated as the findings, decision, and order, including the fine, penalty or action with which the defendant must comply.
3. The findings, decision, and order shall include:
a. The hearing officer's findings of fact;
b. A decision of whether or not a code violation exists based upon the findings of fact;
c. In the case of a code violation other than a building code violation, an order that states the sanction or dismisses the case if a code violation is not proved.
d. In the case of a building code violation only, an order ordering the owner to correct the building code violation or dismissing the case if a building code violation is not proved; and
e. In the case of a building code violation, if a building code violation is proved, the order may also impose the sanctions that are provided in the building code for the building code violation proved.
4. A monetary sanction under this chapter shall be consistent with applicable City code provisions with a maximum of fifty thousand dollars ($50,000.00) for all code violations.
5. The maximum monetary fine imposed under the City code shall be exclusive of costs of enforcement or costs incurred by the City to secure compliance with the City code, and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the City.
6. A copy of any findings, decisions, or orders shall be served on the alleged violator within five (5) days after it is issued. Service shall be made in person or by first class mail.
7. Payment of any penalty or fine and the disposition of any fine money shall be in the manner as set forth in the City code.
8. In the case of a building code violation only, the order to correct a building code violation and the sanctions imposed by the City as the result of a finding of a building code violation under this Chapter shall attach to the property as well as to the property owner so that a finding of a building code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of the property takes subject to the findings, decision and order of a hearing officer under this chapter. (Ord. 2023-25, 12-11-2023)
1-14-5: ENFORCEMENT OF JUDGMENTS:
A. Debt Due City:
1. Any fine, other sanction, or costs imposed, or part of any fine, other sanction or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust judicial review procedures under the Administrative Review Law (735 ILCS 5/3-101 et seq.) shall be a debt due and owing the City and, as such, may be collected in accordance with applicable law.
2. After expiration of the period within which judicial review under the Administrative Review Law (735 ILCS 5/3-101 et seq.) may be sought for a final determination of the code violation, unless stayed by a court of competent jurisdiction, the findings, decision and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
3. In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by the City to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the City and may be collected in accordance with applicable law. Prior to any expenses being fixed by a hearing officer pursuant to this subsection, the City shall provide notice to the violator that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than seven (7) days from the date that notice is served. If notice is served by mail, the seven (7) day period shall begin to run on the date that the notice was deposited in the mail.
4. Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the City under this section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
B. Judicial Review: The findings, decision, and order of the hearing officer shall be subject to review in the circuit court of Kendall County. The provisions of the administrative review law, and the rules adopted pursuant thereto, shall apply to and govern every action for the judicial review of the findings, decision, and order of the hearing officer under this chapter. (Ord. 2023-25, 12-11-2023)
1-14-6: SCHEDULE OF FINES AND PENALTIES:
A. General fines for any ordinance other than Title 10 (Vehicle Code) of this Code: For violation of any City ordinance other than a violation under Title 10 (Vehicle Code) of this code, fines and penalties shall be as established from time to time by the City Council but in no event more than fifty thousand dollars ($50,000.00) or the amount prescribed by the Illinois Supreme Court for the mandatory arbitration system, whichever is greater.
B. Fines for violation of Title 10 (Vehicle Code) of this Code other than Handicapped Parking and Regulated Parking: For violation of any provision of Title 10 (Vehicle Code) of this code; or any compliance violation; or, violation of any other City ordinance regulating, restricting or prohibiting the standing or parking of motor vehicles along the streets, byways, alleyways, regulated parking lots or such other locations as may be controlled by off street parking agreements, located within the geographical boundaries of this City, other than for handicapped parking, the fine shall be a maximum of seven hundred fifty dollars ($750.00).
C. Fines for violations of certain regulated parking and handicapped parking, restricting or prohibiting the standing or parking of motor vehicles along the streets, byways, alleyways, regulated parking lots or such other locations as may be controlled by off street parking agreements, located within the geographical boundaries of this City for areas specifically designated for handicapped parking shall be a maximum of seven hundred fifty dollars ($750.00). (Ord. 2023-25, 12-11-2023)
1-14-7: VEHICLE IMPOUNDMENT:
A. Authorization to Impound, Boot or Tow Motor Vehicle: Any motor vehicle whose registered owner has been determined to be liable for ten (10) or more vehicular standing or parking regulation violations, for which the fines or penalties assessed remain unpaid, may be immobilized, booted or towed and impounded if:
1. The ordinance enforcement administrator has determined that a person has been determined to be liable for ten (10) or more ordinance violations, for which the fines or penalties remain unpaid.
2. The person determined to be liable for ten (10) or more violations is the registered owner of a motor vehicle located within the City geographical boundaries.
3. A seizure notice has been sent to the registered owner of the motor vehicle located within the geographical boundaries of the City which contains, but shall not be limited to, the following:
a. That a final determination has been made on ten (10) or more ordinance violations, for which the fines and penalties remain unpaid;
b. A listing of the violations for which the person has been determined to be liable, which shall include for each violation:
(1) The ordinance violation notice number;
(2) Date of issuance; and
(3) Total amount of fines and penalties assessed;
c. That the motor vehicle owned by the person and located within the City is subject to immobilization and/or towing and impoundment if the fines and penalties are not paid within, but not later than, fifteen (15) days of the date of the notice;
d. Date of immobilization;
e. Date of impending towing and impoundment; and
f. That the registered owner may contest the validity of the notice by appearing in person before the ordinance enforcement administrator within fifteen (15) days of the date of the notice and submitting evidence which would conclusively disprove liability, such as the following:
(1) The registered owner was not the owner or lessee of the vehicle on the date or dates the notices of violation were issued; or
(2) The fines or penalties for the violations cited in the notice were paid in full; or
(3) The registered owner has not accumulated ten (10) or more ordinance violation notices which are unpaid, not adjudicated or for which no appearance was made.
4. The motor vehicle of the registered owner to whom notice is sent has failed to make payment of the fines or penalties as specified in the notice and has failed to appear with evidence to conclusively disprove liability before the ordinance enforcement administrator to contest the validity of the notice.
B. Criminal Violations Authorizing Seizure/lmpoundment: A motor vehicle, operated with the permission, express or implied, of the owner of record, that is used in connection with the following violations, shall be subject to seizure and impoundment by the City, and the owner of record of said vehicle shall be liable to the City for an administrative penalty of five hundred dollars ($500.00), in addition to costs of prosecution and any towing and storage fees as hereinafter provided:
1. Operation or use of a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to 720 Illinois Compiled Statutes 5/36-1.
2. Driving under the influence of alcohol, other drug or drugs, intoxicating compounds, 625 Illinois Compiled Statutes 5/11-501.
3. Operation or use of a motor vehicle in connection with the commission or attempted commission of any felony offense or in violation of the provisions of the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1.
4. Operation or use of a motor vehicle in connection with the commission or attempted commission of any offense in violation of the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100.
5. Unlawful use of a weapon in violation of 720 Illinois Compiled Statutes 5/24-1; aggravated discharge of a firearm in violation of 720 Illinois Compiled Statutes 5/24-1.5; unlawful possession of a firearm and firearm ammunition in violation of 720 Illinois Compiled Statutes 5/24-3.1.
6. Driving while license, permit or privilege to operate a motor vehicle is suspended or revoked, 625 Illinois Compiled Statutes 5/6-303; vehicles shall not be subject to seizure/impoundment if the suspension is for unpaid citations, due to failure to comply with emission testing.
7. Operating a motor vehicle without a valid driver's license, 625 Illinois Compiled Statutes 5/6-101 in combination with operation of motor vehicle with no insurance 625 Illinois Compiled Statutes 5/3-707.
a. Except a person that had a valid driver's license that is expired for less than six (6) months.
b. Except a person who is less than seventeen (17) years of age operating a motor vehicle on any street or highway when in violation of the child curfew act.
C. Request for Hearing in Case of lmpoundment and Towing of Motor Vehicle: Upon the receipt of the request for hearing to contest the validity of the immobilization or towing and impoundment, the Ordinance Enforcement Administrator shall schedule an administrative hearing to contest the validity of the immobilization or towing and impoundment on the next scheduled hearing date or, if sooner, scheduled by the Ordinance Enforcement Administrator for good cause shown, but in no case shall the hearing be scheduled later than thirty (30) days after the request for hearing is filed and shall serve notice of the hearing date upon the registered owner by first class mail, postage prepaid, to the address as is set forth on the request for hearing. Service of the notice shall be complete on the date it is placed in the United States mail.
D. Notice Affixed to Vehicle in Cases of Immobilization: Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilizing restraint is a violation of sections 16-1 and 21-1 of the Illinois criminal code. The notice also shall provide the following information specifying that a release of the immobilizing restraint may be had by:
1. Paying all the fines and penalties, if any, on the outstanding complaints for which notice has been sent prior to the date of the immobilization; or
2. Completing appearance forms on all outstanding parking violation complaints for which notice had been sent prior to the date of the immobilization and depositing collateral in the amount of fifty percent (50%) of the total fines for these outstanding parking violation complaints, or five hundred dollars ($500.00), whichever is less.
E. Towing of Immobilized Vehicle: Except where the vehicle is otherwise subject to towing, if the immobilizing restraint has not been released as hereinabove provided within seventy-two (72) hours of its placement, the vehicle shall be towed and impounded.
F. Post-impoundment Notice: Within ten (10) days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle. The notice shall state that the owner has the right to a post-immobilization and post-towing hearing as provided in subsection G of this section and that if the vehicle is not claimed within thirty (30) days from the date of the notice, the vehicle may be sold or otherwise disposed of in accordance with the Illinois vehicle code.
G. Hearing in Case of Vehicle Immobilization: The owner of an immobilized vehicle or other interested person shall have the right to a hearing to determine whether the immobilization or any subsequent towing was erroneous or whether the vehicle was properly included on an immobilization list, if the owner files a written demand for a hearing before the ordinance enforcement administrator within fourteen (14) days after issuance of the notice specified in subsection F of this section or within fourteen (14) days of immobilization, whichever is later. A hearing shall be conducted on any business day within forty-eight (48) hours of receipt of a written demand for hearing, unless otherwise mutually agreed by the parties. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In the event of such failure, any amount deposited pursuant to subsection D of this section shall be forfeited. A hearing provided by this subsection shall not determine the validity of or otherwise adjudicate any citation or notice of ordinance violation issued relative to the immobilized vehicle, but shall only relate to whether the vehicle was properly immobilized or towed by determining whether the owner previously submitted evidence required by this chapter.
H. Fines and Fees for Immobilization: The fine for immobilization shall be five hundred dollars ($500.00) and the fine for impoundment and towing shall be an amount not to exceed six hundred fifty dollars ($650.00). The owner of the vehicle shall also be charged reasonable storage and towing fees should the vehicle be removed to a private storage facility, provided that no fees shall be assessed for any immobilization or tow which has been determined to be erroneous.
I. Towing Services: The Ordinance Enforcement Administrator shall appoint or retain the services of an individual agency or company to tow and impound vehicles in accordance herewith, provided that that individual, agency or company is fully insured and licensed according to local or state law and has available a secured impound area within which to retain vehicles impounded hereunder. For the purpose of this subsection a "secured area" shall mean an area bounded by a fence, chainlink or otherwise, of a sufficient height and with locking gates so as to minimize or prevent unauthorized entry into the impounded vehicles. (Ord. 2023-25, 12-11-2023)
1-14-8: IMPOSITION OF COLLECTION COSTS ON UNPAID FINES:
The City and the City attorney or the finance director or their designees may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty imposed by this Code, or any installment of a fine or penalty. The City shall add a thirty five percent (35%) cost of collections to any outstanding balance that requires the City to retain the services of a collection agency. This thirty five percent (35%) cost includes any default in a fine or penalty or any installment of a fine or penalty that was previously referred to an attorney or private collection agency and the payment of which remains outstanding. (Ord. 2023-25, 12-11-2023)
1-9A-1: QUALIFICATIONS:
No person shall be appointed to the office of City Attorney unless he shall be a duly licensed attorney at law, nor unless he shall be at least twenty one (21) years old. (R.O. 1924 V, §1)
1-9A-2: COMPENSATION:
The City Attorney shall receive for his compensation a retainer fee to be established annually by the City Council. He shall further receive such additional reasonable compensation as may be allowed by the City Council. (R.O. 1924 V, §5; 1989 Code)
1-9A-3: DUTIES:
A. Legal Advisor: It shall be the duty of the City Attorney to act as legal advisor to the City Council and of all City officers; and the City Council or any City officer may, when necessary, require his opinion in writing upon any question of law arising in connection with any City affairs, or upon any suit, claim or demand in which the City is or may become interested; and in every case where an opinion is required as aforesaid, he shall comply with such request as soon as reasonably may be. (R.O. 1924 V, §2)
B. Attend Council Meetings, Prepare Legal Documents: It shall be the duty of the City Attorney, when requested by the Mayor or the City Clerk, to attend any meeting of the City Council. He shall also prepare all contracts, deeds, bonds, leases and all other instruments of a legal nature, as well as prepare all ordinances which shall be required by resolution or resolutions of the City Council. (R.O. 1924 V, §3)
C. Suits: The City Attorney shall prosecute or defend all suits or legal proceedings to which the City may be a party. In representing the City in any suit or proceedings, or the people thereof, in any court of record, he shall adopt such measures as he shall deem for the best interests of the City and for the promotion of justice. (R.O. 1924 V, §4; 1989 Code)
D. Additional Duties: The City Attorney shall further perform such duties as may at any time be required of him by any officer of the City. (R.O. 1924 V, §3; 1989 Code)
1-9B-1: BUDGET OFFICER:
The Mayor, with the approval of the City Council, shall appoint a Budget Officer who shall have the powers, duties and responsibilities enumerated in chapter 24, paragraphs 9-2-9.1 through 9-2-9.10 of the Illinois Revised Statutes as they are now or may hereafter be amended. He shall give a bond in such sum as may be required by statute. (Ord. 1979-8, 5-24-79; 1989 Code)
1-9C-1: OFFICE CREATED:
The office of Building Inspector is hereby created in which is vested the power and duty to administer and enforce all the provisions of the Building Title 1 and such related regulations as are assigned to that office by the City Council of Plano. Whenever in this Article the term Inspector is used it shall mean "Building Inspector".
1-9C-2: APPOINTMENT AND QUALIFICATIONS:
The City Council shall appoint as Building Inspector, a person who is qualified by professional or practical training and experience to conduct the affairs and carry out the duties of that office.
1-9C-3: POWERS AND DUTIES:
The Building Inspector shall have the following powers and duties:
A. Generally: Duties and authority shall include the administration of Title 4 of this Code and other applicable ordinances and State laws as referred to in said Title.
B. Records: Keep careful, systematic records of the business and work of the office including permit applications, survey plats and building plot plans, all construction plans and specifications, copies of permits and certificates issued, affidavits and certificates received, a record of inspections, copies of notices and orders issued and reports of tests made. Plans and specifications of houses and accessories, except survey plats and building plot plans, must be kept permanently on file.
C. Inspections, Right of Entry: Make inspections, and for that purpose may enter buildings, structures and premises, subject to all applicable laws, rules and regulations. (Ord., 5-7-62, eff. 5-2-62; 1989 Code)
D. Stop Orders: Stop, by written order, work being done contrary to the building permit or the Building Title.
E. Revoke Permits: Revoke, by writing, a permit or approval issued contrary to the Building Title or based upon a false statement or misrepresentation in the application. (Ord., 5-7-62, eff. 5-2-62)
1-9C-4: ASSISTANTS TO BUILDING INSPECTOR:
The City Council shall provide for the appointment of such assistants as are needed and qualified to carry out efficiently the duties and powers assigned to them by the City Council or Building Inspector. (Ord. 5-7-62, eff. 5-2-62; 1989 Code)
1-9D-1: OFFICE CREATED:
There is hereby created the office of the Director of Public Works.
1-9D-2: POWERS AND DUTIES:
A. The Director of Public Works shall have charge of all equipment, physical assets and property owned by the City, except for fire and police equipment. More specifically, he shall have charge of the following:
City wells
Sewage treatment plant
Maintenance of water and sewer mains
Maintenance of streets, alleys and sidewalks
Maintenance of City parks
Planting and removal of trees
Mowing and snow removal
Maintenance of City vehicles and equipment
Maintenance of street lights, traffic lights and storm sewers
Maintenance of all buildings owned and operated by the City
B. He shall have authority over all personnel employed by the City in the Department of Streets and Alleys and the Water Department, and shall have general responsibility for the maintenance, repair and proper functioning of the assets and property set forth above. (Ord. 1969-4; 1989 Code)
1-9D-3: USE OF CITY VEHICLES:
City vehicles and equipment shall be used interchangeably by both Departments as needed. (Ord. 1969-4)
1-9E-1: POSITION CREATED:
There is hereby created the position of City Collector. The position of City Collector shall be made by appointment of the Mayor, with the advice and consent of the City Council, and shall continue until terminated either by the Collector or by the Mayor and City Council giving written notice to the other party of intention to terminate this employment at least thirty (30) days in advance of such occurrence.
1-9E-2: SALARY:
The salary of the Collector shall be an amount as will be determined by the City Council from time to time.
1-9E-3: QUALIFICATIONS AND DUTIES:
The Collector shall be a full-time employee of the City and shall perform such duties as may be assigned to her, from time to time, by the City Council. Among these duties shall be the responsibility for issuing City vehicle licenses, vending machine licenses, liquor licenses, building permits, zoning permits, water and sewer permits and receiving fees due to the City for such licenses and permits, together with receiving payments for water and sewer services. Such Collector shall be custodian of the City files and records, which shall be maintained in an orderly fashion and available for inspection during business hours. (Ord. 1972-4; 1989 Code)
1-9F-1: CREATION:
There are hereby created the offices of Director of Public Works/City Engineer and Superintendent of Streets and Alleys.
1-9F-2: DUTIES; DIRECTOR OF PUBLIC WORKS/CITY ENGINEER:
The Director of Public Works/City Engineer shall have charge of the following functions, physical assets and property of the City of Plano:
A. All engineering for City projects, including, but not limited to, subdivision and annexation review, infrastructure construction projects and standards of acceptance for developments.
B. City Wells.
C. Maintenance of the Mill House.
D. Maintenance of water and sewer mains.
E. Any other duties assigned by the City Council of the City.
The Director of Public Works shall have authority over all personnel in the Water Department, and shall have general responsibility for the maintenance, repair and proper functioning of the assets and property set forth above.
1-9F-3: DUTIES; SUPERINTENDENT OF STREETS AND ALLEYS:
The Superintendent of Streets and Alleys shall have charge of all equipment, physical assets and property owned by the City, except for those items set forth in Section 1-9E-2 above, and for fire and police equipment. More specifically, he shall have charge of the following:
A. Maintenance of streets, alleys and sidewalks.
B. Maintenance of City parks and buildings.
C. Planting and removal of trees.
D. Mowing and snow removal.
E. Maintenance of City vehicles and equipment.
F. Maintenance of street lights and traffic lights.
G. Maintenance of storm sewers.
The Superintendent of Streets and Alleys shall have authority over all personnel in the Street Department employed by the City of Plano, and shall have general responsibility for the maintenance, repair and proper functioning of the assets and property set forth above.
1-9F-4: CITY VEHICLES:
City vehicles and equipment shall be used interchangeably by both divisions of the Public Works Department as needed. (Ord. 1984-18, 6-12-89)
1-9G-1: PLUMBING INSPECTOR:
There is hereby established in the City of Plano the position of Plumbing Inspector.
1-9G-2: APPOINTMENT AND TERM:
The Plumbing Inspector shall be appointed by the Mayor with the advice and consent of the City Council and shall serve for a term of one year or until his successor shall have been appointed and qualified. Any person appointed as a Plumbing Inspector shall, at all times, be a licensed plumber.
1-9G-3: DUTIES:
It shall be the duty of the Plumbing Inspector to carry out all plumbing inspections required by the building codes and building ordinances now in effect or hereafter adopted and placed in effect in the City of Plano and to issue, from time to time, where appropriate certificates evidencing the completion of plumbing inspections and evidencing compliance with the building and plumbing codes from time to time in effect in the City.
1-9G-4: COMPENSATION:
The plumbing inspector shall receive such compensation as shall, from time to time, be approved by the city council of the city. (Ord. 1989-19, 6-19-1989)
1-9H-1: CREATED:
There is hereby created the position of building, planning and zoning director who is a department head, and is appointed by the mayor with the approval of the council. (Ord. 2002-11, 3-25-2002)
1-9H-2: GENERAL DUTIES AND RESPONSIBILITIES:
The building, planning and zoning director is responsible for the enforcement of all city building and zoning ordinances, ensuring that all structures and buildings meet applicable health, fire and safety codes within the city limits. Responsible for the administration, review and record keeping of all plans and records pertaining to construction within the city. (Ord. 2002-11, 3-25-2002)
1-9H-3: SUPERVISION:
A. Received: Works under the general direction of the mayor. This position operates with a great deal of autonomy in the field and in the office. This is considered to be a department head position.
B. Exercised: Exercises supervision of inspector(s) and provides input into the clerical aspects of the department. (Ord. 2002-11, 3-25-2002)
1-9H-4: ESSENTIAL DUTIES AND RESPONSIBILITIES:
A. Oversees all plan reviews, building permits, building inspections and code enforcement issues.
B. Assists city clerk in implementing software and filing system(s).
C. Oversees all projects and annexations from concept to adoption by council.
D. Sets agenda for project review, plan commission, ZBA.
E. Attends all project review, plan commission, council and committee of the whole meetings.
F. Oversees petitions for zoning, rezoning, annexation, special uses and variations.
G. Assigns addresses; oversees zoning map.
H. Oversees preliminary and final plats.
I. Oversees and assists with any city renovations, additions or acquisitions of land or property.
J. Assists with planning and upgrading city facilities to meet growth projections.
K. Works with city treasurer and city clerk in maintaining current fee schedules and rates.
L. Works with city treasurer/budget officer on forecasting costs/revenues from projects/growth, etc.
M. Prepares reports and correspondence as required. Expresses ideas efficiently and effectively both orally and in writing.
N. Is familiar with the city's personnel policy and its enforcement within the department.
O. Assists in the preparation of the department's budget.
P. Knowledge of the OSHA standards and the ability to provide enforcement.
Q. A thorough knowledge of BOCA, international property maintenance code and other applicable codes.
R. Ability to read construction plans and designs and to identify possible problem areas.
S. Interprets data as it pertains to construction, building codes, etc.
T. Wears appropriate attire and performs other duties as assigned.
U. Ability to understand and follow general instructions and carry out policy decisions and recommendations quickly and accurately.
V. Ability to establish and maintain good working relationships with city officials and employees as well as the residential and business community.
W. Interprets and explains the city codes and applicable ordinances.
X. Works with the city engineer in forecasting and implementing projects. (Ord. 2002-11, 3-25-2002)
1-9H-5: TRAINING AND EXPERIENCE:
A. Minimum Requirement: Associate degree in the fire sciences, architecture design or other similar technical field. Experience in the construction inspection process as well as appropriate knowledge and use of computerized systems in the permit, filing process and AutoCad operations. Possession of licenses/certificates such as BOCA, plumbing, electrical and others as requested by the mayor or city council. A minimum of five (5) years' supervisory experience in addition to accountability with budgets, policies and procedures. Must also work efficiently and effectively with multitask requests and requirements. (Ord. 2002-11, 3-25-2002)
1-9H-6: SPECIAL REQUIREMENT:
Possess a valid Illinois driver's license. (Ord. 2002-11, 3-25-2002)
1-9H-7: TOOLS AND EQUIPMENT USED:
Requires frequent use of a personal computer including word processing and spreadsheet programs, telephones, copy machines, fax machine, automobile, radio, miscellaneous office equipment, electrical testing equipment, etc. (Ord. 2002-11, 3-25-2002)
1-9H-8: WORK ENVIRONMENT:
Noise level in the work environment ranges from quiet to very noisy. (Ord. 2002-11, 3-25-2002)
1-9H-9: COMPENSATION AND BENEFITS; HOURS:
This is a salaried position. It is expected that this person work forty (40) hours per week with additional hours as required. The building, planning and zoning director must establish published hours thereby making the building, planning and zoning office routinely accessible to the public. The compensation and benefits afforded to the building, planning and zoning director shall be determined, from time to time, by the city council. (Ord. 2002-11, 3-25-2002)
1-9I-1: POSITION OF CITY ADMINISTRATOR CREATED:
The City of Plano hereby establishes the position of City Administrator for the City of Plano, Kendall County, Illinois ("Administrator"). (Ord. 2023-9, 4-10-2023)
1-9I-2: QUALIFICATIONS OF CITY ADMINISTRATOR:
The City Administrator shall be chosen by the Mayor and City Council solely on the basis of executive and administrative qualifications with special preference to professional education or actual experience in, and knowledge of accepted practice in respect to administration of local government and shall have the duties as specified in this chapter. The administrator shall be employed without consideration of the candidate's race, sex, politics or religious beliefs. Neither the Mayor nor any member of the City Council shall be eligible for the position of City Administrator during their terms of office or within two years after the expiration of such terms. (Ord. 2023-9, 4-10-2023)
1-9I-3: TERM; RELATIONSHIP TO ELECTED OFFICIALS AND EMPLOYEES:
The City Administrator shall be employed for a term not to exceed the term of the current Mayor but may be renewed for additional terms. The employment shall be governed by a contract, not inconsistent with this ordinance, to be approved by a majority vote of the City Council. The Administrator shall be subject to the authority and direction of the Mayor and the City Council. The Administrator shall coordinate the various departments in the city and oversee the operations of the city. Department heads as provided in this section below, shall answer to the Administrator. The Police Department and the Police Chief shall answer directly to the City Administrator in respect to all matters directly, inherently and principally relating to Police Department. (Ord. 2023-9, 4-10-2023)
1-9I-4: ABSENCE OF CITY ADMINISTRATOR:
During the extended absence or disability of the City Administrator, the Mayor with the advice and consent of the City Council may designate a properly qualified City Official or employee to act as Temporary Administrator. (Ord. 2023-9, 4-10-2023)
1-9I-5: TERMS OF EMPLOYMENT; COMPENSATION:
A. The City Administrator shall be employed by contract that shall be agreed upon by the City Administrator and a majority of the City Council. The City Administrator's contract shall specify the level of compensation of the Administrator, and employment benefits, and may contain such further description of the working relationship expected between the Administrator, the Mayor and Elected Officials and their performance expectations for the Administrator as are not inconsistent with this chapter. The level of compensation shall fall within a range as determined by the City Council. The contract shall provide at least for an annual evaluation of the Administrator and such other periodic reviews as the parties may agree. Notwithstanding the forgoing to the contrary, the Mayor and the City Council may review the Administrator at other times and may determine the factors to be considered for review and the method for review in the contract and/or from time to time as they deem in the best interests of the city.
B. The Administrator shall not be employed by any other governmental body or business during the period of the Administrator's contract unless specifically authorized by the Mayor and majority vote of the City Council. The Administrator's compensation shall be established by contract and shall not be governed by the pay grade and scale that is established for all other employees. The Administrator's benefits shall be governed by the city personnel manual, unless specifically addressed in the contract. The Administrator shall attend such continuing education seminars and conferences of benefit to administrator for the benefit of the city as City Council approves in advance. (Ord. 2023-9, 4-10-2023)
1-9I-6: POWERS AND DUTIES OF CITY ADMINISTRATOR FOR FISCAL MATTERS:
The City Administrator shall have supervision and responsibility for the budget and accounting work of the city specifically, but not in limitation of the foregoing, the Administrator shall have the following powers and duties:
A. The Administrator shall schedule the first budget discussion by the Mayor and City Council on the second regular Committee-of-the-Whole meeting in February. The Administrator shall provide sound and responsible revenue and expense projections within the current budget year as well as subsequent periods as necessary to support financial ratios and capital plans.
B. For the purpose of preparing the materials described in subsection A of this section, the City Administrator is authorized to require all Department Heads to submit statements of the financial condition, expenses and income of their respective departments, a description of proposed capital improvements projects with the probable expenses thereof, a description of all unperformed contracts, and a statement of the amount of all unexpended appropriations of the preceding fiscal year.
C. The City Administrator shall consult with each Department Head, and the City Administrator shall recommend to the Mayor and City Council the salaries to be paid each employee of the city in accordance with existing compensation and review policies.
D. The City Administrator shall be responsible for the purchase of all materials, supplies, and equipment subject to the needs of each department and the appropriations made by the City Council and further subject to the city purchasing manual and statutes of the state of Illinois pertaining to any limits on the creation of liabilities against the city. The City Administrator shall recommend to the City Council rules for the purchase of goods and services by employees of the city.
E. The City Administrator shall present to the City Council by the second meeting of each month a summary statement or statements that show the financial condition of the city as of the end of the preceding month. The periodic statements shall reflect the current budget status and the adjustments of the balance sheet to date. All surplus and deficit matters shall be presented to the Council in a timely fashion.
F. The City Administrator shall present such additional reports and information concerning the fiscal matters of the city as may from time to time be requested by the Corporate Authorities.
G. The City Administrator shall develop, maintain, adjust and present to the Corporate Authorities in the first quarter of each calendar year a ten (10) year capital plan for the city.
H. The City Administrator, in conjunction with the Mayor and City Council, shall develop and manage a services distribution matrix that supports sound expense budgeting and staffing control and balances, prioritizes and provides for the essential services of the city.
I. The City Administrator shall coordinate with and manage the scheduling, prioritization and funding of the services of the various outside consultants of the city and advise the Mayor and City Council of the status of work being done by outside consultants on a monthly basis.
J. The City Administrator shall assist and support the Treasurer's and the Budget Director's Office in meeting the responsibilities for maintaining and managing the city financial condition, including, but not limited to, preparation of the budget and any periodic reports as required by law. (Ord. 2023-9, 4-10-2023)
1-9I-7: POWERS AND DUTIES OF THE CITY ADMINISTRATOR FOR INTERNAL ADMINISTRATION OF THE CITY:
The City Administrator shall be the Chief Administrative person in the city and shall be responsible to the Mayor and City Council for the administration, management, and operation of the internal affairs of the city, including the properties of the city, personnel matters, the operations of the employees and departments of the city and all other internal affairs of the city. Specifically, but not in limitation of the foregoing, the Administrator shall have the following powers and duties:
A. The City Administrator shall follow the policies and procedures for hiring employees and recommend to the Mayor and City Council, with consultation with and advice from the Department Heads, the selection of all employees to be hired. The Administrator shall follow and enforce the policies and procedures for disciplining and discharging employees as set forth in the city personnel manual as it currently exists or as it may be changed from time to time. Notwithstanding the previous provisions to the contrary, the City Administrator shall not interfere with or usurp the powers and duties of the police commission. All recommendations for employment shall be based upon merit, and all disciplinary actions and/or recommendations for termination shall be based upon relevant and material facts and documented evidence. All actions by the Administrator regarding the hiring and termination of employees shall be based upon the qualifications and/or disqualifications of prospective and current employees without regard to race, religion, sexual preference, political beliefs or affiliation.
B. The City Administrator shall make recommendations regarding expanding, consolidating, combining or reorganizing positions and departments of the city that the administrator deems advisable, and shall coordinate, supervise and oversee the city employees, department heads, departments including the department of public works, the water and sewer departments, the building and zoning department, the police department, and the general offices of the city, as organized and established by statute and/or the action of the Corporate Authorities.
C. The City Administrator shall attend all meetings of the City Council unless excused by the Mayor or the City Council. The City Administrator is not entitled to vote on any issues. The City Administrator shall advise the Mayor and City Council on all matters coming before them. The City Administrator shall attend other meetings at which a report of his or a recommendation or action suggested by him or her is to be taken and shall further attend all Plan Commission, staff, and Committee Meetings as necessary or requested by the Committee Chairperson.
D. The City Administrator shall investigate all complaints in relation to matters concerning city services and city administration, and shall follow up on those complaints by taking appropriate action including, but not necessarily limited to, enforcing current policies, rules, regulations, procedures and practices, advising the Mayor and/or the City Council of the complaints, advising and making recommendations regarding changes to the current policies, rules, regulations, procedures, practices, and other such appropriate action as the Administrator deems advisable from time to time in response to such complaints. The City Administrator shall inform the Mayor and City Council on a regular basis of the complaints received and the responses made to those complaints.
E. The City Administrator shall communicate on a regular and routine basis with the mayor regarding the operations, management, and matters affecting the city; and the City Administrator shall communicate to the City Council, and the aldermen individually, on a regular, periodic basis, according to any guidelines set forth from time to time by the Mayor and or City Council by motion, resolution or ordinance, and/or as provided in the administrator contract.
F. The City Administrator shall provide, supervise, and be responsible for the enforcement of all city ordinances, rules and regulations and policies.
G. The City Administrator shall advise the City Council on pending decisions of public policy and recommend to the Council the adoption of such measures as the Administrator may deem reasonable and necessary or as may promote the health safety, comfort or welfare of the city residence or for the improvement of administrative services.
H. The City Administrator shall propose to the City Council, for the Council's consideration and approval, such personnel rules and regulations as the Administrator deems necessary to manage the personnel policies of the city.
I. The City Administrator shall notify the City Council as soon as collective bargaining issues arise and be responsible as the Mayor and City Council direct in the conduct of collective bargaining processes of the city and shall recommend to the City Council collective bargaining agreements for consideration and possible final approval by the Council. The City Administrator shall be responsible for administering all employee organization contracts reached through the collective bargaining process.
J. The City Administrator shall provide staff support services for the Mayor and members of the City Council.
K. The City Administrator shall devote his or her entire time to the discharge of official duties.
L. The City Administrator shall be accessible to the public for questions, comments, or concerns.
M. The City Administrator shall coordinate with the City's land Planner and advise the Plan Commission and the Mayor and City Council on all matters pertaining to the economic development plan and the planned growth of the city, promote and implement the economic development plan and planned growth of the city, and shall coordinate and consult with the city's land planner regarding the land planning of the city.
N. The City Administrator shall assist and support the City Clerk's office in meeting the responsibilities for maintaining and managing the city records, including, but not limited to, making those records available to the public as required by law, processing Freedom of Information Act requests. The City Administrator shall be primarily responsible for all other records kept in the city including, but not limited to, personnel, financial, and all other records that are necessary and appropriate for the efficient productive operation of the city and as directed by the Mayor and/or City Council.
O. The City Administrator shall assist and support the City Clerk's office with assuring that the city meets the requirements of the Open Meetings Act including the creation and posting of the agendas for open public meetings with the input of the department heads the Mayor and the City Council.
P. The City Administrator shall perform such other duties as may be specified by law, City Ordinance, or as directed by the Mayor or City Council.
Q. The powers assigned to the City Administrator are not intended to diminish those powers otherwise assigned to other officers by statute or ordinance, including but not limited to the Mayor. (Ord. 2023-9, 4-10-2023)
1-9I-8: POLICY MAKING:
Except for internal administrative matters not inconsistent with the rules, regulations, and practices of the city as established by the Corporate Authorities, the City Administrator shall not establish or create the policies of the city rather, the Administrator shall execute the policies of the Corporate Authorities. (Ord. 2023-9, 4-10-2023)
1-9I-9: SEPARATION AND INTERRELATIONSHIP OF GOVERNMENTAL FUNCTIONS:
A. The City Administrator shall have the primary responsibility and authority to oversee, supervise and coordinate the management, operations and administration of the city affairs as set forth in this chapter and as more fully stated in the City Administrator contract, personnel manual, and other ordinances, resolutions and motions adopted by the Mayor and City Council from time to time. The City Administrator shall be responsible to and take direction from the Mayor and the City Council. The individual aldermen shall not interfere with the City Administrator's responsibilities and authorities and shall not direct or dictate the action of the City Administrator in respect to any of the responsibilities and the authorities of the City Administrator granted in this chapter, by contract or by action of the Corporate Authorities except when such individual aldermen are specifically delegated the responsibility and the authority by the Mayor and City Council by formal action to act or to oversee and supervise the City Administrator in respect to any particular matters, and absent such specifically delegated responsibility and authority and apart from the individual aldermen's primary legislative and policy making authority as a corporate body, the individual aldermen shall not be involved in the daily, routine management, operation and administration of the city affairs.
B. Nothing in this chapter shall be construed to supersede the Mayor's role, responsibility and authority as the Chief Executive Officer and Chief Administrative Officer of the city to the extent that those functions have not been delegated to the Administrator. Further, the City Administrator may assume such other duties and powers as are delegated to the City Administrator by the Mayor from time to time, subject to the supervision and control of the Mayor, and not lessening the ultimate responsibility and authority of the Mayor, and such other duties or powers which are expressly delegated by the Mayor and City Council by formal action from time to time.
C. The City Administrator shall have the duty to respond timely to the inquiries of the individual Aldermen and the Mayor, and the individual Aldermen and the Mayor shall have the right to inquire and obtain information in regard to all of the operations, management and administrative matters of the city from the Administrator or from the Department Heads and employees of the city. (Ord. 2023-9, 4-10-2023)
1-9I-10: AUTHORITY OF CITY OFFICERS:
Nothing in this chapter shall be deemed to diminish or detract from the statutory powers and authority of the City's Elected Officials. (Ord. 2023-9, 4-10-2023)